Author Archives: Jay Butchko
Walmart Sued for Consumer Fraud Practices
In June, corporate giant Walmart was sued for consumer fraud; specifically, for selling homeopathic medicines right alongside medicine that had been tested by the Food and Drug Administration (FDA). The lawsuit alleges that, in doing so, Walmart is engaging in fraud that risks customer health. According to the National Capital Poison Control Center, approximately… Read More »
Why Updating Your Estate Plan Is Absolutely Necessary
A will and estate plan that is not regularly reviewed and updated can not only become useless, but could in fact result in dangerous consequences that the testator did not intend. Below, we discuss some of the most important reasons you should update your will and estate plan: Has Anyone Named Passed Away? For… Read More »
Where Consumer Fraud, Protection, & Estate Planning Meet: Protecting Florida’s Elderly Population
Consumer fraud committed against the elderly is the “crime of the 21st-century,” especially here in Florida. A number of elderly individuals are taken advantage of every year; completely unbeknownst to their families. According to researchers, one of the biggest challenges in preventing financial exploitation of the elderly has to do with being able to… Read More »
Florida Couple Turns the Tables and Forecloses On Bank of America
A foreclosure action that was brought in Florida against Bank of America after the bank mistakenly attempted to foreclose on them demonstrates how homeowners can defend themselves when it comes to wrongful foreclosure actions taken by banks. The couple paid cash when they purchased their home, which was owned by Bank of America. The… Read More »
How Businesses Can More Effectively Work with Outside Counsel
As Sarasota business litigation lawyers, we regularly work with successful businesses on legal issues that cannot be handled internally. In that endeavor, part of our role involves advising businesses on whether litigation will be successful based on the company’s overall goals and objectives. In this manner, outside counsel can play a very effective role… Read More »
Don’t Let Your Estate Plan Fall Prey to These Deadly Tax Issues
While there are a number of tax issues that can cause serious problems for your estate plans, there are several in particular that are worth elaborating on in order to ensure that you are prepared for your annual checkup with your estate planning attorney and any other advisers you have. Family Limited Partnerships and… Read More »
The Most Important Tax Issues to Consider When Managing a Loved One’s Estate
It can be stressful enough dealing with the loss of a loved one without also having to worry about all of the tax issues associated with being the executor of the estate. Below, we cover some of the most important considerations to take into account when you are managing a loved one’s estate to… Read More »
If You Are Involved in A Business Purchase, Make Sure You Are in Compliance with Immigration Laws
If you are considering purchasing a company that employs foreign national employees, it is important to ensure that the company is in compliance with the relevant immigration laws. Specifically, you must ensure that you are aware of any impacts the business In order to properly do so, it is wise to work with a… Read More »
U.S. Supreme Court Makes Major Decision Concerning Foreclosure Under the Fair Debt Collection Practices Act
In late March, the US Supreme Court made a major decision concerning who qualifies as a “debt collector” under the Fair Debt Collection Practices Act (“the Act”). Specifically, the Court decided that a law firm representing a lender in foreclosure proceedings did not qualify as a debt collector under the Act. This decision will… Read More »
What Are Payable On Death Accounts, And How Do They Fit into My Estate Planning?
Transfer on death accounts—also known as Payable on death accounts in states like Florida—allow a couple to designate who receives their accounts and assets after the second person (with joint accounts) passes on as part of their estate planning. These accounts are governed by state law and are part of the account custodian (for… Read More »